Colombia Takes a Stand Against Venezuela’s Socialist Government

Colombian President Juan Manuel Santos has decided to crack down on Venezuela’s socialist government as ask for the freedom of a prominent opposition leader.  In the past Colombia has preferred a hands-off approach in dealing with Venezuela, in hopes for the country’s support in peace talks with Colombian rebels.

Colombia and Chile former Presidents denied entrance to prison to see activist Leopoldo Lopez

This changing climate comes at a time when Venezuela’s deepening economic crisis has fellow Latin American countries reconsidering how the renewed unrest from the opposition in Colombia should be responded to.  This is not the first time the countries have been on opposing sides.

In 2008, there was tension that led to talks of war on both sides of the border.  Colombia became the first Latin American country to call for the release of activist Leopoldo Lopez late Monday evening.

Almost a year ago anti-government rallies stormed Venezuela, with Lopez being one of the people at the helm.  Lopez has been incarcerated for almost 11 months on charges of instigating violence at the rallies.  Until Monday Venezuela’s neighbors preferred to push dialogue with the government, while the U.S. and European governments openly condemn Lopez’s jailing.  The governments are also concerned with Venezuelan President Maduro’s crackdown on his opposition after the rallies.

“I don’t pretend for Colombia ever to adopt our socialist model or break its dependence on U.S. imperialism,” Maduro said at a military ceremony. “But nobody can accept lessons imparted from abroad about who can or cannot be jailed.”

It is clear that Maduro is not happy about the countries supporting his opposition.  Over the weekend former Colombian President Andres Pastrana attempted to visit Lopez in jail,  in addition to former Chilean President Sebastian Pinera.  The two leaders were barred from entering the military facility outside of Caracas where Lopez is jailed.  Following this Maduro said in a speech at the wo the countries have “”blood on their hands” for supporting groups trying to oust him.

While Maduro is unhappy, his Venezuelan opposition celebrated Colombia’s statement almost immediately.

“Our hearts are smiling,” Lopez’s wife, Lilian Tintori, told Bogota’s Caracol Radio. “We thank you for this statement because we need your help.”

Maduro has never been friendly with Colombia, constantly claiming that Colombia is working with the U.S., to overthrow him.  Santos has largely ignored Maduro’s jabs, but seems to be interested in distancing himself from the country.

However, Maduro and Santos came to a consensus on Wednesday in Costa Rica, where they both attended a meeting for Caribbean and South American leaders.

For more information, please see: 

Buenos Aires Herald – Free Leopoldo Lopez – 27 Jan. 15

ABC News – Colombia Angers Venezuela With Call to Free Jailed Opponent – 27 Jan. 2015

Colombia Reports – Venezuela defuses diplomatic tensions with Colombia – 29 Jan. 2015

The Washington Post – Colombia Angers Venezuela With Call to Free Jailed Opponent – 27 Jan. 2015

Russia Bans Bill Browder’s New Book “Red Notice”, a Searing Expose Featuring Putin’s Involvement in the Cover up of Sergei Magnitsky’s Murder

29 January 2015 – On February 3rd 2015, Bill Browder, CEO and founder of Hermitage Capital Management, launches an explosive book about Russia entitled “Red Notice: A true story of High Finance, Murder, and One Man’s Fight for Justice” (UK edition: “Red Notice, How I Became Putin’s Number One Enemy” published on 5th February.)

“Red Notice” describes Browder’s fight against corruption and impunity in Russia and is a devastating expose of how Putin and his regime will do anything to illegally acquire wealth, including torture and cover-up of murder.

“Anybody who previously thought that Putin is a normal leader or that Russia is a normal country will think otherwise after reading this book,” says Bill Browder.

“Red Notice” will be published in 14 countries, but has so far been blocked by all major Russian publishers.

Numerous Russian publishing houses, ranging from Eksmo to Alpina, have avoided involvement in this book, for apparent fear of reprisal from the Putin regime.

Members of Pussy Riot, a Russian punk group who have been jailed for an anti-Putin protest, described the Kremlin position on Browder in their endorsement of “Red Notice” by saying:

“Bill Browder has become one of the most sincerely hated men in the Kremlin over the years – and that is something to be incredibly proud of… This book shows the difference that one person can make when they refuse to back down, as told by a fellow soldier in the battle to hold Putin to account.”

A Russian version of “Red Notice” will be available in the Russian language and published outside of Russia.

“This marks the return of the days of Soviet “samizdat” when books critical of the Soviet government were banned. Many were published abroad, and then had to be secretly copied, circulated by hand and passed from reader to reader,” says Browder.

Some of the Soviet Union’s most acclaimed ‘samizdat’ authors were Varlam Shalamov and Aleksandr Solzhenitsyn, both former inmates of Stalin’s gulag, who drew global attention to Joseph Stalin’s forced labor camps, where millions of Soviet citizens were summarily interned and many ultimately died.

To learn more, visit the ‘Red Notice’ book website: http://billbrowder.com

For more information, please contact:

ICTJ: World Report

AFRICAIn Uganda, members of Parliament have joined civil society leaders in petitioning the government to formulate an official transitional justice policy to address human rights violations in the north. Soon after, Lord’s Resistance Army leader Dominic Ongwen surrendered to authorities earlier this month, and he has been transferred to the ICC. The ICC upheld its conviction of Thomas Lubanga, who had previously been sentenced to 14 years in prison for using child soldiers. Also, closing arguments were heard in the war crimes trial of former Congolese vice-president Jean-Pierre Bemba, the first of its kind at the ICC to focus on rape as a weapon of war. Meanwhile, reports indicate that unidentified rebels in the DRC are responsible for killing at least 184 civilians since October. In Rwanda, plans areunderway to digitize and make accessible the documents produced by the Gacaca Courts during the country’s transitional justice process. An international seminar in Mali in November drewrepresentatives of civil society, political parties, members of the security forces, human rights groups and more together to adopt a roadmap for the country’s truth, justice and reconciliation process.

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AMERICASIn Colombia, FARC announced an indefinite unilateral ceasefire. Since then, President Santos hasasked rebel group ELN to join the ceasefire and to formalize peace talks with the government. The Inter-American Court for Human Rights convicted the Colombian state for disappearing 11 people in the 1985 military retake of the Palace of Justice. In Guatemala, a former police chief was sentenced to 40 years in prison for his role in the 1980 deadly raid on the Spanish embassy. Meanwhile, the retrial on genocide charges of ex-military ruler General Efrain Rios Montt was suspended after it began because the court accepted defense appeals that one judge was not impartial. The Court of Appeals in Chile sentenced eleven former Pinochet agents for their roles in the forced disappearances of two Uruguayan citizens in 1973. In the United States, members of the Ferguson, Missouri community areorganizing a commission to analyze the social and economic conditions that led to the shooting of unarmed Michael Brown by police officer Darren Wilson.

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ASIAIn Nepal, major political parties continue to meet to expedite the formation of the Truth and Reconciliation Commission and Disappearance Commission. In December, the UN Human Rights Committee gave Nepal a 180-day deadline to report on their delay to bring justice to the victims of enforced disappearances. Meanwhile, political parties have proposed chairpersons for the two commissions, yet victims claim to have been excluded from the entire process. On January 12, the TRC-Recommendations Committee publicized the short list of candidates to both commissions. A total of 69 people have applied for the posts of chairperson or member of the commissions. However, the committee has not submitted a final list to the government. Writ petitions filed by the conflict victims challenging the TRC Act are still subjudice in the Supreme Court. In Myanmar peace talks between ethnic minority groups and the government were jeopardized by the killing of about 23 rebels by the military in November. The second trial of two ex-Khmer Rouge leaders in Cambodia, set to begin last July, was yet again postponed by boycotts from lawyers representing the defense. Meanwhile, 40 non-Cambodian NGOs have signed a letter to the ICC requesting an investigation into crimes against humanity—including the eviction of over 770,000 Cambodians—by the country’s ruling elite. Meanwhile, in the Philippines, the Moro Islamic Liberation Front is set to begin commissioning its arms this month as preparations for a transitional government are underway.

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EUROPEThe UN estimates that about 13 people are killed each day in eastern Ukraine since the a ceasefire was issued in September. A UN OHCHR report issued in December accused Kiev-controlled volunteer battalions and the Ukrainian Security Service of torture, enforced disappearances and inhumane treatment of civilians. The government of Ireland will ask the European Court of Human Rights to revisit its decision on the “hooded men”—14 men who say they were subjected to torture during their internment without trial in 1971. Also in Ireland, the Chief Constable of the PSNI, George Hamilton, announced the formation of the Legacy Investigations Unit to replace the Historical Enquiries Team in 2015. Meanwhile, a new murder investigation into the events surrounding BloodySunday will begin this month in Ireland. Police in Bosnia arrested ten Bosnian Serb wartime security officials on accusations of crimes against humanity. Bosnian Serb MP Vasic and two former police officials were charged with for their roles in the Srebrenica genocide in 1995.

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MENAIn December 2014, the families of the missing and forcibly disappeared in Lebanon handed over the official investigation report related to the persons who disappeared during the civil war in Lebanon, to the International Committee of the Red Cross. UN Secretary General Ban Ki-moon announced thatPalestine will join the ICC on April 1st. A new Human Rights Watch report has criticized Tunisia in its efforts to pursue accountability for unlawful killings during the recent uprising there. The UN Commission of Inquiry on Syria issued its first report on ISIL in November, stating that fighters are committing war crimes and crimes against humanity on a massive scale. Shortly thereafter chief prosecutor of the ICC announced that she was weighing bringing war crimes charges against ISIL. A new law in Egypt has been criticized that allows the military to assist the police in protecting vital facilities. Meanwhile, an Egyptian court dismissed charges against former President Hosni Mubarak, an interior minister and six aides over the killings of protestors following the 2011 uprising. Dozens of Egyptian Islamists have been sentenced to jail for up to 15 years for attacks around the country.

Read More…

 

Publications

Pursuing Accountability for Serious Crimes in Uganda’s Courts: Reflections on the Thomas Kwoyelo CaseThis paper describes proceedings in Uganda’s national courts against Thomas Kwoyelo, a former mid-level commander of the Lord’s Resistance Army, for war crimes and crimes against humanity. It analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and concludes with recommendations to enhance accountability in the country.

View Report
Confronting the Legacy of Political Violence in Lebanon: An Agenda for ChangeThis document presents wide-ranging recommendations for political and social reforms in Lebanon developed by a consortium of Lebanese civil society actors, as part of an ICTJ project.

View Report
More Publications

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ICTJ: Is Uganda’s Judicial System Ready to Prosecute Serious Crimes

 

1/22/2015

Last week, Lord’s Resistance Army commander Dominic Ongwen willingly turned himself over to the authorities. As second in command to infamous LRA leader Joseph Kony, Ongwen had evaded charges at the International Criminal Court since 2005 for his alleged role in atrocities in northern Uganda. Ongwen was captured by the LRA at a young age of 10. He rose through the ranks and allegedly became one of the most ruthless LRA commanders responsible for atrocities in Uganda, the Democratic Republic of the Congo, and the Central African Republic.

Following his surrender, the government of Uganda was quick to announce that instead of facing trial at the ICC, Ongwen should answer for his crimes in Uganda, a position consistent with the country’s ongoing resistance to intervention by The Hague-based court. (As late as December, President Yoweri Museveni stated that he was considering withdrawing from the Rome Statue of the International Criminal Court completely).

Only 48 hours later, however, Uganda, in cooperation with the United States and the Central African Republic, allowed the LRA commander to be transferred to the ICC. Regardless, Uganda continues to profess its ability to conduct fair trials for serious crimes, and claims that when it comes to accountability for the actions of groups like the LRA, its International Crimes Division is up to the task.

A new ICTJ publication tests this claim, taking a closer look at how Uganda’s justice system has grappled with prosecuting higher-level complex cases involving serious crimes. The new briefing, “Pursuing Accountability for Serious Crimes in Uganda’s Courts: Reflections on the Thomas Kwoyelo Case,” co-authored by ICTJ’s Sarah Kasande and Meritxell Regué, highlights outstanding issues regarding Uganda’s controversial amnesty law that arose during the trial of another former LRA commander, Thomas Kwoyelo, who is being prosecuted in Uganda’s national courts for war crimes.

“The case of Thomas Kwoyelo illustrates how Uganda’s amnesty process is a major hindrance to the pursuit of justice and accountability,” said Sarah Kasande, Program Associate with ICTJ’s Uganda office, and co-author of the report.

“For Uganda to fulfill its national and international human rights obligations—including an effective remedy to victims—parts of the amnesty act should be repealed or amended so those who commit the most serious crimes do not escape the reach of the law.”

Background: Uganda’s International Crimes Division and the 2000 Amnesty Act

The International Crimes Division (ICD) of the High Court of Uganda was a product of the Juba Peace Negotiations that intended to end hostilities between Uganda and the LRA. Following a commitment made in 2007 by both parties to promote redress and to prevent impunity for perpetrators of serious crimes, the ICD was created as a special division of Uganda’s domestic judicial system with jurisdiction over those accused of the most serious crimes—including those considered international crimes, such as war crimes and crimes against humanity, as well as transnational crimes, such as piracy, trafficking and terrorism.

According to the ICTJ briefing, the establishment of the ICD was viewed as a significant opportunity for Uganda to end impunity: If the ICD could successfully carry out its mandate, not only would victims be afforded justice, but its creation could build public confidence in the justice system as a whole.

“The case of Thomas Kwoyelo illustrates how Uganda’s amnesty process is a major hindrance to the pursuit of justice and accountability.”

As the ICD began to incorporate existing domestic and international criminal law into its official rules, one law presented significant challenges to its operation: the Amnesty Act.

The Amnesty Act was enacted by Parliament in 2000 at the height of the conflict between the Uganda’s People’s Defence Force, the LRA, and other rebel factions. It was intended to help end violence and restore security by giving combatants an incentive to lay down their weapons.

The law may apply to any fighter who renounces rebellion against the government and meets certain other requirements. Those who qualify are not “prosecuted or subjected to any form of punishment for the participation in the war or rebellion or for any crime committed in the cause of the war or armed rebellion.” Applicants do not have to reveal their role in any specific crime as a condition of receiving the amnesty.

A 2012 estimate by the Amnesty Commission put the number of combatants who have been granted amnesty at 26,000 of which 13,000 are LRA fighters.

Uganda v. Thomas Kwoyelo

Kwoyelo applied for amnesty under Uganda’s Amnesty Act while in detention, six months after his capture. Though required to respond to his application, the Directorate of Public Prosecutions (DPP) failed to do so and, instead, initiated criminal proceedings against him.

Kwoyelo was charged in August 2010 with 12 counts of violating Uganda’s Geneva Conventions Act, including taking hostages, extensive property damage, and willful killing. Later, the DPP amended the indictment, adding 53 additional violations under the Penal Code Act. This would be the ICD’s first war crimes trial against an LRA leader.

“For Uganda to fulfill its national and international human rights obligations, parts of the amnesty act should be repealed or amended.”

 Proceedings against Thomas Kwoyelo began in July 2011. The trial could have been held in Kampala, where the ICD is located, but the government decided to bring Kwoyelo’s trial to Gulu, where the crimes had been committed.

Dozens of local residents visited the Gulu courtroom to observe the trial. At times, the room was so crowded that a live video feed of the proceedings was set up nearby, under a tent, so that residents could follow them on a daily basis.

The defense raised several preliminary objections regarding the constitutionality of the case, particularly the application of the Amnesty Act.

In August 2011 the Constitutional Court addressed the defense’s two main issues. The first was whether or not the DPP and the Amnesty Commission, in failing to respond to Kwoyelo’s amnesty application, had violated his right to equal treatment and nondiscrimination under Uganda’s Constitution.

The second concerned whether the serious charges of crimes could be considered to have taken place in the context of an international armed conflict. The Attorney General raised a counter objection which involved whether certain sections of the Amnesty Act were inconsistent with the constitution.

Finding that Kwoyelo had a legal right to amnesty and that the DPP had failed to present an explanation for not processing his request, the Constitutional Court unanimously directed that he be immediately set free, ending the country’s first war crimes trial.

Shortly after the Constitutional’s Court decision, the Attorney General filed an appeal before the Supreme Court seeking to overturn the decision of the Constitutional court and to resume Kwoyelo’s trial. The Attorney General argued that Section 2 and 3 of the Amnesty Act conflicted with Uganda’s obligation under international law, to prosecute grave breaches and other serious crimes.

In reply, Kwoyelo’s lawyers maintained that he was eligible for amnesty, and it would be contrary to his constitutional right to equal treatment under the law if he was prosecuted for crimes for which other ex-combatants were granted amnesty.

The Supreme Court has yet to rule on the appeal. Meanwhile, Kwoyelo remains in custody pending the outcome of the Attorney General’s appeal.

The Impact of the Kwoyelo Case on Accountability in Uganda

Kwoyelo’s trial has also opened important debates in Uganda on justice questions, including victim’s participation, reparations, accountability for state actors, and the protection of victims, witnesses and defense lawyers.

According to the new ICTJ report, the Constitutional Court’s decision in the Kwoyelo case highlights the conflicting approaches to transitional justice in Uganda and the dilemma of pursuing criminal accountability while a blanket amnesty remains in place. Perhaps surprisingly, many civil society groups as well as religious leaders are wary of a possible repeal of the amnesty provisions because they believe it could endanger future peace efforts and prevent more combatants from laying down their arms.

“The justice system’s inconsistent application of the amnesty law puts in question Uganda’s commitment to pursuing redress and accountability,” said Kasande. “It protects alleged perpetrators from prosecution, while denying victims’ their right to justice and ignoring their participation in the process.”

The ICTJ briefing outlines several recommendations for Uganda as it works to live up to international standards and promote peace and stability at home. It calls for the Amnesty Act to be amended to exclude those accused of so-called “international crimes”. It also calls for the DPP to publish a prosecution strategy that sets criteria for the selection and prioritization of cases.

“Whenever the Supreme Court decides to hand down its final judgment, it will have major implications—not only for Kwoyelo, but for the future prosecution of serious crimes in Uganda. Hopefully it will mark a step forward towards the fulfillment of victims’ rights to justice,” said Kasande.

Photo: Thomas Kwoyelo, a commander of the Lord’s Resistance Army rebellion blamed for brutal civilian murders during a 20-year war in the north of the country waits before his court appearance in the northern Ugandan town of Gulu on July 25, 2011. (MICHELE SIBOLINI/AFP/Getty Images)